Adapted from the book by Shamshad.M.Khan
with modifications and additions

A question that repeatedly arises is that concerning the 'Position of Women in
Islam'. Muslim scholars have been able with great success - despite the
onslaught of distortion and mis-representation - to demonstrate the true
position of Muslim women; especially of women's liberation in the advent of
Islam. The Islamic ruling on issues such as inheritance, the right to earn, the
right to own property etc. have reinforced this position and have been
prescribed by Allah - the One True God - long before Western nations even
thought of such concepts!

The issue of two women witnesses in place of one man is the concern of the
present treatise. As will become clear to the sincere and objective reader, the
intellectual status of a Muslim woman is neither marred nor degraded by the
commandment that if two Muslim male witnesses are not available then one Muslim
male and two Muslim females should be invited to witness. Rather, this
injunction is in perfect harmony with the nature and psychology of the woman as
will become evident through quotations from psychologists, psychiatrists and
medical research.

The passage of the Holy Quran (Baqarah 2:282) in which the above-mentioned
requirement is made has usury, capital and debtor difficulties as its theme.
Allah grants guidelines in matters relating to monetary obligations. Then
business transactions are dealt with. In this section, the requirement to commit
all transactions into writing is stated most emphatically (Reduce them to
writing...). The section after this describes the responsibility of the scribe,
or in modern parlance, the person responsible for drawing up the agreement. The
following section describes the responsibility and the obligation of the person
incurring the liability. The section after this explains how if the party that
is liable cannot effectively draw up the contract - out of being deficient or
weak mentally, or being unable to dictate - then his or her guardian should help
draw out the contract and choose two suitable witnesses to observe. It must be
understood that this situation arises if it is not possible for the liable party
to draw out the contract by him/herself. The condition to put things into
writing is still supreme.

The next section then explains that two men should be called to witness and if
two men are not available (And if there are not two men...) then a man and two
women. The legislation then continues and reminds most emphatically that one
should not be complacent about putting ALL agreements into writing - no matter
whether these agreements are major or minor as this is more JUST in the sight of
Allah and more reliable as evidence. The passage of the Quran further explains
that for practical reasons it may not always be possible to commit on-the-spot
agreements into writing. In this case, it is also recommended that it be
witnessed. The section which follows then lays down the guidelines which should
be followed in the event that no witnesses are present.

The purpose in giving the above outline is to draw attention to the fact the
question of women witnesses relates, in this instance, to commercial agreements
and is not a STATEMENT ON THEIR STATUS.

Let's look at the section under investigation in more detail. Allah said:

And get two witnesses of your own men, and if there are not two men then a
man and two women such as you choose for witnesses - so that if one of them
errs, the other can remind her... (Baqarah 2:182)

A number of questions (as well as eyebrows!) are raised when this section of the
passage is read. The questions often posed include:

* Do women have weaker memories than men?
* Why should two women be needed in the place of one man?
* Are women inferior to men?

One must remember that Prophet Muhammad (p.b.u.h.) was neither a physiologist, a
psychiatrist and nor a surgeon. He was an illiterate and could neither read nor
write. He passed on the revelation exactly as he received it. Allah, the
Creator, with His infinite wisdom gave the directives best suited to humankind.
He is the Creator, therefore, He knows man better than a man himself.

In this scientific age we can explore the significance of this legislation. A
great deal has been discovered since the early days of Islam. And each day of
advancement brings about a better understanding of the last and final revelation from the Creator, Allah to the creation,
humankind.

As women, we are aware of the cyclical psychological strains that a woman has to
encounter every month. The symptoms during early pregnancy, ante-natal and
post-natal depressions, the phenomenon of menopause, the physiological and
psychological problems due to infertility and last but not least the
psychological problems faced after miscarriage.

It is under these situations that women can experience extraordinary
psychological strains giving rise to depression, lack of concentration,
slow-mindedness and SHORT TERM MEMORY LOSS. Let us examine these episodes in a
bit more detail and with medical references from the scientific world. PMT is an
umbrella term for more than 140 different symptoms and there is a lot of
evidence that it causes a lot of unhappiness in many women, and consequently, to
their families.

Psychiatry in Practice, April 1983 issue states: "Forty percent of women suffer
from pre-menstrual syndrome in some form and one in if our women have their
lives severely disrupted by it. Dr Jill Williams, general practitioner from
Bury, gives guidelines on how to recognize patients at risk and suggests a
suitable treatment."1

In the same issue, George Beaumont reporting on the workshop held at the Royal
College of Obstetricians and Gynecologists in London on pre-menstrual syndrome,
says: "Some authorities would argue that 80 percent of women have some degree of
breast and abdominal discomfort which is pre-menstrual but that only about 10
percent complain to their doctors - and then only because of severe tenderness
of the breasts and mental depression... Other authorities have suggested that
pre-menstrual syndrome is a new problem, regular ovulation for 20 years or more
being a phenomenon caused by 'civilization', 'medical progress', and an altered
concept of the role of women."2

In its examination of the occurrence of physical and psychological change during
the period just prior to the onset of menstruation we read in Psychological
Medicine: "Many studies have reported an increased likelihood of various
negative affects during the pre-menstrual period. In this affective category are
many emotional designations including irritability, depression, tension,
anxiety, sadness, insecurity, lethargy, loneliness, tearfulness, fatigue,
restlessness and changes of mood. In the majority of studies, investigators have
found it difficult to distinguish between various negative affects, and only a
few have allowed themselves to be excessively concerned with the differences
which might or might not exist between affective symptoms."3

In the same article dealing with Pre-menstrual Behavioral Changes we read: "A
significant relationship between the pre-menstrual phase of the cycle and a
variety of specific and defined forms of behavior has been reported in a number
of studies. For the purpose of their review, these forms of behavior have been
grouped under the headings of aggressive behavior, illness behavior and
accidents, performance on examination and other tests and sporting
performance."4 The lengthy review portrays how female behavior is affected in
these situations.

In 'The Pre-menstrual Syndrome', C. Shreeves writes: "Reduced powers of
concentration and memory are familiar aspects of the pre-menstrual syndrome and
can only be remedied by treating the underlying complaint." This does not mean,
of course, that women are mentally deficient absolutely. It just means that
their mental faculties can become affected at certain times in the biological
cycle. Shreeves also writes: "As many as 80 percent of women are aware of some
degree of pre-menstrual changes, 40 percent are substantially disturbed by them,
and between 10 and 20 percent are seriously disabled as a result of the
syndrome."

Furthermore, women face the problem of ante-natal and post-natal depression,
both of which cause extreme cycles of depression in some cases. Again, these
recurring symptoms naturally affect the mind, giving rise to drowsiness and
dopey memory.

On the subject of pregnancy in Psychiatry in Practice, October-November 1986, we
learn that: "In an experiment 'Cox' found that 16 percent of a sample of 263
pregnant women were suffering from clinically significant psychiatric problems.
Eight percent had a depressive neurosis and 1.9 percent had phobic neurosis.
This study showed that the proportion of pregnant women with psychiatric
problems was greater than that found in the control group but the difference
only tended towards significance."5

Regarding the symptoms during the post-natal cycle Dr. Ruth Sagovsky writes:
"The third category of puerperal psychiatric problems is post-natal depression.
It is generally agreed that between10 to 15 percent of women become clinically
depressed after childbirth. These mothers experience a variety of symptoms but
anxiety, especially over the baby, irritability, and excessive fatigue are
common. Appetite is usually decreased and often there are considerable sleep
difficulties. The mothers lose interest in the things they enjoyed prior to the
baby's birth, and find that their concentration is impaired. They often feel
irrational guilt, and blame themselves for being 'bad' wives and mothers. Fifty
percent of these women are not identified as having a depressive illness.
Unfortunately, many of them do not understand what ails them and blame their
husbands, their babies or themselves until the relationships are strained to an
alarming degree."6

"... Making the diagnosis of post-natal depression is not always easy. Quite
often the depression is beginning to become a serious problem around three
months postpartum when frequent contact with the health visitor is diminishing.
The mother may not present with depressed mood. If she comes to the health
centre presenting the baby as the patient, the true nature of the problem can be
missed. When the mother is continually anxious about the baby in spite of
reassurance, then the primary health care worker needs to be aware of the
possibility of depression. Sometimes these mothers present with marital
difficulties, and it is easy to muddle cause and effect, viewing the
accompanying low mood as part of the marital problem. Sometimes, only when the
husband is seen as well does it become obvious that it is a post-natal
depressive illness which has led to the deterioration in the marriage."7

Again there is a need to study the effects of the menopause about which very
little is known even to this day. This phase in a woman's life can start at any
time from the mid-thirties to the mid-fifties and can last for as long as 15
years.

Writing about the pre-menopausal years, C.B. Ballinger states: "Several of the
community surveys indicate a small but significant increase in psychiatric
symptoms in women during the five years prior to the cessation of menstrual
periods... The most obvious clinical feature of this transitional phase of
menstrual function is the alteration in menstrual pattern, the menstrual cycle
becoming shorter with age, and variability in cycle length become very prominent
just prior to the cessation of menstruation. Menorrhagia is a common complaint
at this time, and is associated with higher than normal levels of psychiatric
disturbance."8

On the phenomenon of menopause in an article in Newsweek International, May 25th
1992, Dr. Jennifer al-Knopf, Director of the Sex and Marital Therapy Programme
of Northwestern University writes: "...Women never know what their body is doing
to them... some reporting debilitating symptoms from hot flashes to night sweat,
sleeplessness, irritability, mood swings, short term memory loss, migraine,
headaches, urinary inconsistence and weight gain. Most such problems can be
traced to the drop-off in the female hormones estrogen and progesterone, both of
which govern the ovarian cycle. But every woman starts with a different level of
hormones and loses them at different rates. The unpredictability is one of the
most upsetting aspects. Women never know what their body is going to do to
them..."

Then there are the psychiatric aspects of infertility and miscarriage. On the
subject of infertility, Dr. Ruth Sagovsky writes: "Depression, anger and guilt
are common reactions to bereavement. In infertility there is the added pain of
there being nobody to grieve for. Families and friends may contribute to the
feeling of isolation by passing insensitive comments. The gynecologist and GPs
have to try to help these couples against a backdrop of considerable distress."9

On the subject of miscarriage the above article continues: "Miscarriage is
rarely mentioned when considering abortion. However, miscarriage can at times
have profound psychological squeal and it is important that those women affected
receive the support they need. Approximately one-fifth of all pregnancies end in
spontaneous abortion and the effects are poorly recognized. If however, the
miscarriage occurs in the context of infertility, the emotional reaction may be
severe. The level of grief will depend on the meaning of pregnancy to the
couple."10

Also, the fact that women are known to be more sensitive and emotional than men
must not be overlooked. It is well known, for example, that under identical
circumstances women suffer much greater anxiety than men. Numerous medical
references on this aspect of female behavior can be given but to quote as a
specimen, we read in 'Sex Differences in Mental Health' that: "Surveys have
found different correlates of anxiety and neuroticism in the two sexes. Women
and men do not become equally upset by the same things, and being upset does not
have the same effect in men as in women. Ekehammer (1974; Ekehammer, Magnusson
and Ricklander, 1974) using data from 116 sixteen-year-olds, did a factor
analysis on self-reported anxiety. Of the eighteen different responses
indicating anxiety (sweating palms, faster heart rate, and so on) females
reported experiencing twelve of them significantly more often than males. Of the
anxiety-producing situations studied, females reported experiencing
significantly more anxiety than males reported in fourteen of them."11

It is in light of the above findings of psychologist, psychiatrists and
researchers that the saying of Allah, the Exalted:

And get two witnesses of your own men, and if there are not two men then a
man and two women such as you choose for witnesses - SO THAT IF ONE OF THEM
ERRS, THE OTHER CAN REMIND HER... (Baqarah 2:182)

can be understood. One must also bear in mind that forgetfulness can be an
asset. A woman has to be put up with children presenting all kinds of emotional
problems and a woman is certainly known to be more resilient than man. The aim
of presenting these research findings on a number of aspects related with the
theme is to indicate that a woman by her biological constitution faces such
problems. It does not however make her inferior to man but it does illustrate
that she is different. Viewed in this way, it can only lead one to the
conclusion that Allah knows His creation the best and has prescribed precise
laws in keeping with the nature of humankind.

Allah, the Creator is - as always - All-Knowing and man (or the disbeliever in
Allah and the final, perfected, revealed way of life, Islam) is - as usual -
either ignorant and arrogant.

7 Psychiatry in Practice, May, 1987, p.18. As has been mentioned above the
Prophet Muhammad (p.b.u.h.) was neither a psychologist nor a psychiatrist.
Rather, he merely conveyed the truth that was revealed to him. It is in the
context of this quotation and the one before it that the following saying of the
Prophet Muhammad (p.b.u.h.) can be understood: "Treat your women kindly. The
woman has been created from a rib, and the most curved part of a rib is its
upper region. If you try to straighten it you will break it, and if you leave it
as it is, it will remain curved. So treat women kindly." And in another
narration: "If you try to straighten her you will break her and breaking her
means divorce." (Reported by Bukhari and Muslim). This is very important advice
for the man - for him to have patience and not to try to 'reform' the behavioral
pattern of the woman during these times i.e. 'to straighten her'. He will not be
able to do that, as it is biological in origin. Instead, he should maintain and
protect his relationship with her by showing kindness.